Senate File 235 - Introduced SENATE FILE 235 BY MATHIS , DVORSKY , BOLKCOM , and McCOY A BILL FOR An Act requiring that motor fuel pumps be accessible to persons 1 with disabilities, including by the establishment of 2 standards, requiring inspections, providing for the issuance 3 of cease and desist orders, requiring the submission of 4 annual reports, and making penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1630ST (1) 85 da/nh

S.F. 235 Section 1. NEW SECTION . 214.12 Motor fuel pumps —— 1 accessibility —— rules. 2 The department shall adopt rules to provide standards for 3 motor fuel pumps to accommodate persons with disabilities. 4 1. The rules shall supplement Tit. III of the federal 5 Americans with Disabilities Act of 1990, as provided in 42 6 U.S.C. § 12181 et seq., its implementing regulations, including 7 28 C.F.R. pt. 36, and the 2010 standards for accessible design 8 published by the United States department of justice. 9 2. The rules shall require that a sign be posted in a 10 conspicuous manner on or near each motor fuel pump. The sign 11 must state the hours when a customer will receive personal 12 assistance from the retail dealer in obtaining motor fuel from 13 the motor fuel pump. In addition, at least one motor fuel pump 14 must be equipped with a large call button that is accessible 15 from the motor fuel pump which will notify the retail dealer 16 that personal assistance is needed. The call button must be 17 capable of being accessed from inside a customer’s vehicle in a 18 manner that allows the button to be pushed with a closed hand. 19 Sec. 2. NEW SECTION . 214.13 Motor fuel pumps —— cease and 20 desist order —— inspection and compliance report. 21 1. During its regular inspection of a motor fuel pump 22 at a retail motor fuel site, as provided in section 214.11, 23 the department shall determine whether a retail dealer is in 24 compliance with rules adopted pursuant to section 214.12. 25 2. Upon determining that a violation of a rule adopted 26 pursuant to section 214.12 requires immediate corrective 27 action, the department shall issue a cease and desist order 28 in a manner consistent with chapter 17A. The order shall 29 prevent the retail dealer from selling or offering to sell 30 motor fuel at the retail motor fuel site until the violation is 31 corrected. The department or the attorney general may enforce 32 the cease and desist order by petitioning the district court 33 of Polk county or the county where the retail motor fuel site 34 is located. 35 -1- LSB 1630ST (1) 85 da/nh 1/ 2

S.F. 235 3. The department shall prepare and submit a report to the 1 governor and general assembly not later than January 15 of each 2 year stating the number of retail motor fuel sites inspected 3 that have motor fuel pumps that are not in compliance with the 4 rules adopted pursuant to section 214.12. 5 EXPLANATION 6 This bill requires the department of agriculture and land 7 stewardship to establish standards by rule requiring a retail 8 dealer to have a motor fuel pump capable of assisting persons 9 with disabilities, including (1) the federal Americans with 10 Disabilities Act and (2) state requirements for a sign to be 11 posted on or near the motor fuel pump which allows a customer 12 to receive personal assistance from a retail dealer by using 13 a special call button. 14 The bill requires the department to conduct an inspection of 15 motor fuel pumps as part of its regular inspection schedule. 16 The department shall issue a cease and desist order in order 17 to prevent a retail dealer from selling motor fuel at a retail 18 motor fuel site if the department determines that immediate 19 corrective action is required to remedy a violation of its 20 standards. 21 Finally, the bill requires the department to submit a report 22 to the governor and general assembly each year stating the 23 number of retail motor fuel sites having motor fuel pumps 24 inspected that are not in compliance with these provisions. 25 A retail dealer who violates a provision of the bill is 26 guilty of a simple misdemeanor. Each day that a continuing 27 violation occurs shall be considered a separate offense. A 28 simple misdemeanor is punishable by confinement for no more 29 than 30 days or a fine of at least $65 but not more than $625 30 or by both. 31 -2- LSB 1630ST (1) 85 da/nh 2/ 2